People v. Ashworth CA1/4

I. BACKGROUND

On August 1, 2012, defendant was charged with receiving stolen property (Pen. Code, § 496, subd. (a)), with a special allegation that he committed the offense while on bail (Pen. Code, § 12022.1).1 He pled no contest to the offense on January 2, 2013. On January 30, 2013, the trial court suspended the imposition of sentence and placed defendant on formal probation for three years with 180 days in jail, and the enhancement was dismissed pursuant to his plea agreement.

1 The details of defendant’s offense are not pertinent to this appeal.

1 The probation department had prepared a presentence report recommending defendant pay a restitution fine of $280, a $40 court security fee, a $30 criminal conviction assessment fee, a $75 jail booking fee, a $560 presentence investigation report fee, and a $240 probation supervision fee. The probation report indicated that defendant had over 17 years’ work experience in the plastering business and worked for a plastering company from approximately 2008 until 2011. The report also noted that defendant supported only himself and his wife and that he had been receiving $125.00 per week on unemployment until September 2012. At the…